Supreme Court · 2020 INSC 173 · Decided 12 February 2020

Malluru Mallappa (D) THR. LRS. v. Kuruvathappa & ORS.

Court
Supreme Court of India
Citation
2020 INSC 173 · [2020] 2 S.C.R. 789
Case number
CIVIL APPEAL No. 1485/2020
Decided
12 February 2020
Bench
S. ABDUL NAZEER, SANJIV KHANNA (2-judge bench)
Outcome
Directions issued
Case type
Civil
Acts & sections cited
CPC Section 96, 100; Limitation Act Section 54

Headnote

Code of Civil Procedure, 1908 - ss.96, 100 and Or.XLI, r.31 - Appellant-plaintiff filed suit against respondents-defendants for specific performance of agreement to sell - Defendant no.1 pleaded that the suit was barred by limitation and that the plaintiff was not ready and - Suit dismissed - Confirmed by High Court - Held: s.96 provides for filing of an appeal from the decree passed by any court exercising original jurisdiction to the court authorized to hear the appeals from the decisions of such courts - In the instant case, the appeal

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